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MATTER OF FLEET BANK

38 A.D.3d 1235 (2007)

831 N.Y.S.2d 609

In the Matter of the Accounting by FLEET BANK, Respondent, as Trustee of the Trust for the Benefit of BARBARA W. PIEL, Now Deceased, Under Indenture with FLORENCE S. WOODWARD, Dated December 28, 1926. ELIZABETH McNABB, Intervenor-Appellant; LILA PIEL-OLLMANN et al., Respondents; EUGENE P. LABUE, ESQ., Guardian ad Litem. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided March 16, 2007.

It is hereby ordered that the decree so appealed from be and the same hereby is unanimously reversed on the law without costs and the matter is remitted to Surrogate's Court, Monroe County, for further proceedings in accordance with the following memorandum: In appeal No. 1, Elizabeth McNabb, the intervenor herein, appeals from a decree that settled the final account of a trust established by Florence S. Woodward (grantor) in 1926...

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